"Wal-Mart Wins Dismissal of Texas Women's Class Action": Back in October 2012, Margaret Cronin Fisk of Bloomberg News had a report that begins, "Wal-Mart Stores Inc., the world's largest retailer, doesn't have to face class-action gender-discrimination claims in a federal court lawsuit in Texas, a judge ruled."

You can access today's U.S. Senate official roll call vote tally, confirming the nomination by a vote of 56-to-43, at this link. Currently, the Ninth Circuit has 28 active judges and only one vacancy.Posted at 07:54 PM by Howard Bashman

"Affirmative action non-action still causing waves in Sacramento; Senate measure on affirmative action ban in public education was shelved, but friction among Democrats over the fallout lingers":This front page article appears today in The Los Angeles Times.Posted at 05:06 PM by Howard Bashman

Divided 11-judge en banc Ninth Circuit panel reinstates excessive use of force claim against two Anaheim police officers who used deadly force against the driver of a minivan: You can access today's ruling at this link.

"Supreme Court Steps Into Software-Patent Debate; Microsoft, Google Weigh In on Issue That Has Flummoxed Federal Judiciary": Ashby Jones will have this article in Monday's edition of The Wall Street Journal.

"NCAA Says Northwestern Union Case Will Wind Up in Supreme Court": Bloomberg News has a report that begins, "The National Labor Relations Board ruling allowing Northwestern University's football team to become the first college sports union will eventually be decided by the U.S. Supreme Court, NCAA President Mark Emmert said."Posted at 02:20 PM by Howard Bashman

Sunday, March 30, 2014

"Fun With Corporate Conscience Clauses": Brian McFadden has this cartoon in the Sunday Review section of today's edition of The New York Times.Posted at 02:08 PM by Howard Bashman

Sunday, March 30, 2014

"Software patents worth billions come before high court": Richard Wolf of USA Today has this report.

"Dignity Is a Constitutional Principle": In the Sunday Review section of today's edition of The New York Times, law professor Bruce Ackerman has an essay that begins, "With gay marriage litigation moving forward at warp speed -- federal judges have struck down five state bans on same-sex marriage since December -- we may soon witness one of the worst shouting matches in Supreme Court history."Posted at 09:52 AM by Howard Bashman

"The inside story of MIT and Aaron Swartz: More than a year after Swartz killed himself rather than face prosecution, questions about MIT's handling of the hacking case persist." Marcella Bombardieri has this lengthy front page article today in The Boston Globe.Posted at 09:32 AM by Howard Bashman

Saturday, March 29, 2014

"Backers of same-sex marriage ban file briefs in appeal": The Richmond Times-Dispatch has this report.

"Slowing the Patent Trolls": In today's edition of The New York Times, law professor Robin Feldman has an op-ed that begins, "On Monday the Supreme Court is scheduled to hear arguments in perhaps the most important intellectual property case in a decade: Alice v. CLS Bank."Posted at 08:10 PM by Howard Bashman

Because the 72-hour period would expire today, on a Saturday, I took a look at Federal Rule of Appellate Procedure 26(a)(2) (a subsection of the rule governing the computation of time titled "Period Stated in Hours" applicable both to the appellate rules and to appellate court orders) to confirm whether the actual deadline for the response would be today (literally 72 hours after the entry of the Ninth Circuit's order) or whether the deadline would be extended until Monday.

Rule 26(a)(2) states (paragraph breaks omitted): "Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday."

As I read the text of Rule 26(a)(2), if the 72-hour period expired at 2 p.m. today, Google and YouTube would have had until 2 p.m. on Monday, March 31, 2014 to timely file their response. That would appear to be the plain meaning of the text of Rule 26(a)(2), and nothing in the Ninth Circuit's order directing a response made Rule 26(a)(2) inapplicable to computing the time afforded under the order within which to file a response.

Nevertheless, erring on the side of caution, Google and YouTube decided to file their response before the 72-hour period expired, even though Rule 26(a)(2) appears to have allowed them until some point on Monday to file a timely response.Posted at 04:02 PM by Howard Bashman

Saturday, March 29, 2014

"What's the Best Way to Execute Someone? Doctors say lethal injection is often botched and horrific." Matt McCarthy has this essay online at Slate.Posted at 02:00 PM by Howard Bashman

Saturday, March 29, 2014

"Justice Department won't prosecute Boyce Martin": The Louisville Courier-Journal has a news update that begins, "A spokeswoman for retired U.S. Court of Appeals Judge Boyce F. Martin Jr. says the Justice Department has completed an investigation of his travel expenses and won't be prosecuting him."Posted at 01:17 PM by Howard Bashman